H.P. Land Revenue Act, 1954 – Suit for declaration of ownership and possession – Correction of revenue entries – Jurisdiction of Revenue Authorities – Encroachment on government land, violation of natural justice, Res judicata
The plaintiff, claiming ownership since 1973-74, sought a declaration of his title and challenged orders correcting revenue entries and directing his ejectment. The defendant contended that the land belonged to the government and the plaintiff encroached upon it.
The Trial Court dismissed the suit, finding the plaintiff’s evidence insufficient to establish ownership. The plaintiff’s reliance on revenue records alone was deemed impermissible.
The plaintiff contested the Revenue Authorities’ jurisdiction, alleging violation of natural justice. However, the appellate court found no such violation, affirming the correctness of the orders. The appellate court also rejected the plea of res judicata, emphasizing the absence of necessary pleadings to determine its applicability.
The appellate court’s brief judgment, affirming the trial court’s findings, was deemed sufficient, as per the precedent set in Santosh Hazari v. Purushottam Tiwari. Consequently, the plaintiff’s appeal was dismissed, upholding the findings of the lower courts. (Para 40)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 293 HP
[-]
Subhash Chander Mahendra Deceased Through Lrs. Vs. State Of Himachal Pradesh
RSA No. No. 323 of 2022-Decided on 4-11-2023
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